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STATE v. SCHWARTZ

No. C5-89-460.

447 N.W.2d 422 (1989)

STATE of Minnesota, Respondent, v. Thomas Robert SCHWARTZ, Appellant.

Supreme Court of Minnesota.

Rehearing Denied December 11, 1989.

Attorney(s) appearing for the Case

Patrick J. Sullivan, Asst. Public Defender, Minneapolis, for appellant.

Thomas L. Johnson, Hennepin County Atty., Steven Redding, Asst. County Atty., Minneapolis, and Hubert H. Humphrey, III, State Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by the court en banc.

OPINION

POPOVICH, Chief Justice.

After granting the state's motion to admit evidence of DNA (deoxyribonucleic acid) testing, the Hennepin County District Court, acting pursuant to Minn.R.Crim.P. 28.03, certified the following questions to the Minnesota Court of Appeals, which in turn certified the questions to this court:

1. In determining the admissibility of emerging scientific testing, is a trial court to rely on the Frye standard of general...

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